Save time and legal costs, and concentrate on your core business by entrusting us with theLegal collection of your receivables. When amicable collection has failed, legal collectionction becomes a necessity to protect your financial interests and keep a smoothbalancing of your cash flow.
Visit judicial recovery is a legal procedure aimed at recovering unpaid debts when the Amicable collection has failed. As you will have understood, this approach involves the intervention of the courts, which will hand down a legal decision forcing the debtor to pay his debt, which is why this type of collection is sometimes referred to as "forced" collection. It is important to note that this is a "last chance" solution for the creditor.
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The last courteous warning before legal action (Article 1344 of the French Civil Code)
Example: A graphic designer sends a registered letter for €8,000 worth of unpaid logo work. Zero reaction after 15 days? Here we go again.
Question: Did you know that 70% of debtors pay at this stage to avoid trouble?
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At this stage, we build up a solid file (evidence, contracts, exchanges) and file a petition or summons with the appropriate court (Article 56 of the Code of Civil Procedure).
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Judicial decision allowing the use of binding measures such as forced execution (Article L111-1 of the Code des procédures civiles d'exécution).
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The final stage involves concrete steps to recover the debt, such as seizure of bank accounts, seizure of wages or seizure and sale of movable property.
Here, the graphic designer in our example will be able to recover his unpaid balance by seizing the €8,000 from the debtor's bank account.
But what's the right procedure to follow? Well, that depends! But there's a right procedure for every situation. Follow the guide:
This is the express version, ideal for simple, uncontested claims, a simplified procedure that enables the creditor to obtain a writ of execution without a hearing. It is based on documents proving the claim, such as invoices, contracts or purchase orders.
The different stages :
Deadlines :
👉 Practical, isn't it? But beware, it only works if the debtor doesn't retaliate.
Example: "Suppose a supplier of building materials has an unpaid invoice for €3,200 for a delivery made three months previously. With all available supporting documents (contract, delivery notes, invoices and a formal notice to pay that has remained unanswered), he files an application for an injunction to pay with the competent court. Once the order has been issued, and if the debtor does not contest within 30 days of being served with it, the supplier obtains a writ of execution to implement enforcement measures. "
Example: "Let's take the case of a transport company whose customer contested an invoice for €15,000 on the grounds that the services had not been rendered in accordance with the contract. The company decides to take the customer to court for payment. Both parties present their evidence during a hearing, and the judge rules in favor of the company and issues a judgment condemning it to payment. "
Is the claim disputed? Is the amount high? You need a real debate before the judge, who will make a decision. It's a little longer, and a little more expensive too, but necessary if the case is complex.
The different stages :
Deadlines :
👉 Do you have a solid case? A writ of summons can unblock everything.
Example: "Imagine an SME that needs to recover €20,000 quickly to avoid cash flow problems. It initiates summary proceedings to obtain provisional payment pending a final decision on the validity of the claim. The summary proceedings judge, noting the urgency of the situation, orders the debtor to pay part of the sum immediately."
Sometimes you have to move fast. Very quickly. Summary proceedings are THE emergency procedure for obtaining rapid provisional measures, such as payment of part of a claim pending a decision on the merits. It is mainly used when the creditor needs to act quickly to avoid serious prejudice (wages to be paid, for example).
The different stages :
Deadlines :
👉 Did you know? A judge can order payment within 48 hours in cases of extreme urgency.
Example: "A food distribution company has obtained a writ of execution for a debt of €10,000. With the help of a court commissioner, it identifies the debtor's bank accounts and sets up a seizure-attribution. A few weeks later, it recovered €6,500, the amount available in the account, with the remainder to be seized at a later date."
Have you got the green light from the judge? All right, then. Now it's time for enforcement. To recover the debt, enforcement measures can include seizure of bank accounts (often sufficient), wage garnishment (via the employer), or seizure of movable property (as a last resort).
The different stages :
Deadlines :
👉 In short? You save time, you get your money back faster, you sleep better - and all this, without sacrificing your energy or your customer relations. Would you like to try it?
It's important to bear in mind that the costs of legal collection of unpaid debts are not negligible. They can vary according to the procedure chosen, the complexity of the case and the fees charged by the professionals involved. Here are some estimates of the main costs involved, to help you get your bearings:
This is starting to become substantial, but good news, with the exception of legal fees and commissioners' fees, legal fees (Clerk of the Court and Commissaires de Justice) can be legally recovered to the debtor in the event of successful legal proceedings.
Thanks to its expertise and the volume of cases handled, France Contentieux benefits from negotiated rates with the various legal professionals involved in the judicial collection process.
Let's be clear: managing in-house collections is not your job. You've got better things to do than chase payments, juggle procedural deadlines or deal with bad-faith debtors.
Our teams master legal procedures down to the last detail - from injunctions to seizures. No need to train your staff: we act as an extension of your legal department.
Each project has its own story, its own context, its own challenges. That's why we never work on a cookie-cutter basis. Before taking action, we listen, analyze, advise and adapt our strategy to your priorities - be they financial, relational or legal.
Our customers often tell us: "What I appreciate is not having to deal with this anymore." In addition to lightening your mental load, there are no unpleasant surprises: fluid communication, regular reporting, transparency on costs. You know where you stand, every step of the way.
And if the case has to go to court, don't panic: we have a whole network of partner lawyers ready to take over to represent you effectively, with coordinated follow-up from A to Z.
Example A service company outsources its debt collection for a dozen receivables representing a total of €100,000. By entrusting this task to a specialized agency, it recovers 80 % of the amounts due in just six months, while reducing the workload of its in-house team."
By choosing France ContentieuxYou're choosing a reliable, high-performance partner, dedicated to protecting your financial interests and safeguarding your business relationships.
👉 In short? You save time, you get your money back faster, you sleep better - and all this, without sacrificing your energy or your customer relations. Would you like to try it?
Even if you've followed all the procedures to the letter, the debtor remains deaf to your requests, or worse, disappears! Don't panic, there are remedies available even in seemingly hopeless situations.
You've won the legal battle, but on the ground, there's nothing to seize, no credit account, no exploitable income.
Example A service company has obtained a favorable judgment for a debt of €8,000. However, it turns out that the debtor, a sole proprietorship, is insolvent, owning neither seizable assets nor sufficient income to settle the debt.
And if you had verify creditworthiness before signing the contract?
A change of address, a move abroad, a company closed down without a trace... Some debtors become veritable ghosts. In such cases, it's hard to enforce anything, even with a writ of execution in hand.
Restructuring, safeguard, judicial liquidation: when a customer enters into collective proceedings, all individual actions are frozen. The rules of the game set by the commercial court must be followed.
Example A case in point: the furniture manufacturer who recovered 70 % of his €50,000 after two years of proceedings. Not ideal, but better than nothing.
Even after a decision has been made, there's nothing to stop a debtor from multiplying the number of appeals: opposition, appeal, etc. The result? Delays lengthen, tension mounts... and payment gets further away.
Although on the surface all may seem lost, fortunately there are still a few remedies available.
Even after a court case has failed, a simple, courteous phone call can sometimes break the deadlock. Proposing a payment schedule or an out-of-court settlement can make all the difference.
If the debtor contests or obstructs, you can always take your case to the higher courts. Appeal, cassation... These are longer routes, but sometimes unavoidable if you want to assert your rights.
Was the debt covered by credit insurance? Good news: you can activate the guarantee, and the insurance company will then take charge of collection or compensate you.
Some debts are guaranteed by a surety or guarantor, and it is possible to turn to these third parties to recover the debt.
If the debtor is in receivership, it is in your interest to formally declare your claim to the judicial representative. Even if recovery is only partial, this can represent a significant recovery.
If you're dealing with an individual (not a company), you can take your case to the Commission de surendettement. This is another way of obtaining - allow 6 to 12 months - a repayment plan or a suitable solution.
👉 In short? You save time, you get your money back faster, you sleep better - and all this, without sacrificing your energy or your customer relations. Would you like to try it?
When dialogue breaks down. If, after several reminders and a formal notice, your customer remains silent or refuses to pay, legal collection becomes the next logical step. It's the most effective way of asserting your rights when amicable settlement is no longer enough.
Yes, as long as you act methodically, a well-executed procedure, with the right supporting documents and serious guidance, can unblock situations that have been frozen for months. It's not a 100% % guarantee (it also depends on the debtor's solvency), but it's a highly effective lever in many cases.
It all depends on the type of procedure. An injunction to pay may take 2 to 3 months if the file is complete and uncontested. A summons to pay or summary proceedings may take longer, depending on the complexity and congestion of the court. But in all cases, it's better to have a structured process than endless reminders that never come to anything.
You'll need to factor in court clerk, lawyer and commissioner fees. Depending on the case, these can range from a few hundred to several thousand euros. The good news? Part of these costs can be recovered from the debtor in the event of success. And by outsourcing your collection, you often benefit from negotiated rates.
This is the most frustrating scenario, but there are remedies. You can declare the debt in a collective procedure, try to reach an amicable settlement, or activate credit insurance if you have one. If a guarantee has been provided for in the contract, it can also be requested. The key is not to give up too soon: solutions do exist.
Because it's not your job. By entrusting it to an expert, you save time, avoid procedural errors, reduce stress for your teams, and above all, increase your chances of recovering your money. It's a bit like calling on a guide to get you through a minefield: you move forward faster, and in complete safety.
